On August 14, 2023, in a “landmark” ruling, a Montana state court held that youth plaintiffs had standing to assert constitutional claims against the State of Montana, its governor and…
All posts in Bad Faith
First Circuit Holds that Notice Provisions in Claims Made Policies Must be Strictly Enforced
In President & Fellows of Harvard College v. Zurich Am. Ins. Co.[1], the United States Court of Appeals for the First Circuit ruled that Harvard was not entitled to coverage…
New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims
On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not…
A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage
By: Celestine Montague and Christopher M. Quinlan The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside…
Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”
By: Eric B. Hermanson and Austin D. Moody In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in…
Middle District of Florida Court Rejects Claim that Negligence is Sufficient to Support a Finding of Bad Faith
What happens when an insurer tenders its policy limits, only to have its offer rejected on the basis that the insurer negligently handled the claim?